Article VIII Special Use Permit/Series A Site Plan Review Requirements

Public hearing. The Planning Commission shall hold a public hearing on the Planning Commission Review and Approval application within 45 days from the date a complete application is received by the Planning Department and the Planning Commission completes the required State Environmental Quality Review. The Planning Commission may, but it not required to, waive a public hearing for accessory uses, accessory structures, or proposals that are not subject to State Environmental Quality review according to 6 CRR-NY 617.5 of the New York States Codes, Rules and Regulations, e.g., a Type II action. Notwithstanding the above, a public hearing may not be waived for any application requiring a special use permit.

Public notice by Planning Department. Upon receipt of payment of a notification fee as set by the City Council, from an applicant, the Planning Department shall provide public notice to the official newspaper of the City of Binghamton (the Press and Sun Bulletin) and to complete required notice mailings.

Newspaper. Notice of any public hearing shall be published in the official newspaper of the City of Binghamton (the Press and Sun Bulletin) at least seven calendar days prior to the date of the hearing, excluding the hearing date.

Mailings. Additionally, at least seven calendar days prior to the public hearing, notice thereof shall be sent by U.S. mail to the owners of record and all other properties within a distance of 200 feet from the boundary of the subject property and to the regional state park commission when the subject property is within 500 feet of any state park or parkway.

Public notice sign posted by applicant. At least seven calendar days prior to the public hearing, excluding the hearing date, a public notice sign shall be posted on the property by the applicant. The sign(s) shall contain information specific to the applicant's case, such as the time, date, and location of the hearing, the types of review required, and the proposed action. One sign shall be required for every 300 linear feet of property frontage. The sign(s) must be placed in either the front yard or a visible window when no front yard exists. If the property is a corner lot, one sign must be placed in each front yard.

Verification of notice. Verification of notice as required by this § 410-39D shall be prepared by the Planning Department at least five calendar days prior to the public hearing. Such verification shall consist of a statement from the Press and Sun-Bulletin and a signed affidavit of notice prepared by the Planning Department.

Cost. The preparation and cost of publication, mailing of required notice of public hearing, and sign posting shall be borne by the applicant.

Decision. Within 62 days from the date of the closing of a public hearing, a decision to approve, with or without modification, or disapprove the application for Planning Commission Review and Approval shall be made by the Planning Commission. Such 62-day period may be extended by mutual consent of the applicant and the Planning Commission agreed to during a public meeting. Any decision of the Planning Commission shall include a brief written report outlining the major factors and conditions upon which such decision was made.

Referrals.

To the Broome County Planning Department.

Before taking final action on certain applications for Planning Commission Review and Approval, such applications shall be referred to the Broome County Planning Department for report and recommendation in accordance with § 239-l § 239-m, § 239-n and § 239-nn of the General Municipal Law.

If the County Department of Planning fails to make such report within 30 days after receipt of a full statement of any matter referred by the Planning Department, action may be taken without such report in accordance with § 239-m(4)(b) of the General Municipal Law. However, any County Department of Planning report received after 30 days or such longer period as may have been agreed upon, but two or more days prior to final action by the referring body, shall be subject to the provisions of § 239-m(5). If the County Department of Planning disapproves of the proposal, or recommends modification thereof, the Planning Commission may act contrary to such disapproval or recommendation only by a vote of a majority plus one of all the members thereof. The Planning Commission shall file a report of its action with the County Department of Planning within seven days after such action is taken.

To Commission on Architecture and Urban Design (CAUD). Before taking final action on an application for a special permit involving a parcel or structure located in any designated historic district, or which is a duly designated landmark, or which is identified as an historic structure or site in an urban cultural park, such application shall be referred to CAUD for review and action in accordance with the provisions of the Landmarks Ordinance of the City of Binghamton.[1]

Editor's Note: See Ch. 18, Boards, Commissions and Committees, Art. XII, Landmarks Preservation Commission.

Relevant comments. In reviewing an application for Planning Commission Review and Approval, it shall be the responsibility of the Planning Department to obtain relevant comments or approvals, in writing, from other City departments before a decision is made on such application.

Environmental assessment. In reviewing applications for Planning Commission Review and Approval, the environmental impact of such a proposed action shall be considered. Approval shall not be given until the requirements of SEQRA have been met.

Modifications. In reviewing an application for Planning Commission Review and Approval, the Planning Commission may modify or waive the requirements set forth in § 410-41 if this is deemed appropriate and in the best interest of the City, and if the spirit and intent of this chapter can be maintained.

Issuance of a building and use permit. When an application for Planning Commission Review and Approval has been approved in accordance with the provisions of this Article VIII, with or without modifications, a building and use permit shall be issued by the Supervisor of the Office of Building and Construction if there is also compliance with all other pertinent code requirements. All required modifications shall be conditions of the building and use permit.

Filing. The decision of the Planning Commission shall, within five days, be filed in the Office of the City Clerk, the Office of Building and Construction, and the Planning Department. A copy of the decision shall also be given or mailed to the applicant.

Term. Approval of an application for Planning Commission Review and Approval shall become void 12 months from the date of issuance unless substantial progress has been made on the project described on such permit. Upon application, the approval may be renewed by the Planning Commission for an additional period of time deemed appropriate by the Commission. For unusually large and complex projects, the Planning Commission may determine that conditions warrant the waiving of this provision.

Violation of the above procedure or any provision, requirement or condition of Planning Commission Review and Approval shall be cause to deny or revoke a certificate of occupancy and shall be considered an offense and punishable by a fine of $250 for the first offense and $500 for any subsequent offense. Each day shall constitute a separate violation until the violation is corrected. In addition, the Building Inspector may require the violation to be corrected. This section will be enforced by the Building Inspector and subject to the jurisdiction of the City Court of the City of Binghamton or the Broome County Supreme Court, as applicable.

§ 410-40 General requirements.

[Amended 7-17-2013 by Ord. No. 13-49; 12-18-2019 by Ord. No. 19-157]

Approval of any application for Planning Commission Review and Approval may be conditioned on the provision of adequate safeguards to protect the health, safety and general welfare of the public and to mitigate possible detrimental effects on adjacent property. To this end, before a Planning Commission Review and Approval application is approved, the Planning Commission shall determine that the following general requirements have been met, as well as any other applicable specific requirements for certain land uses as may be set forth in § 410-41 and Article IX of this chapter.

That the land use is to be designed, located and operated so as to protect the public health, safety and welfare.

That the land use will encourage and promote a suitable and safe environment for the surrounding neighborhood and will not cause substantial injury to the value of other property in the neighborhood.

That the land use will be compatible with existing adjoining development and will not adversely change the established character or appearance of the neighborhood.

§ 410-41 Additional requirements for certain land uses.

That effective landscaping and buffering is provided as may be required by the Planning Commission. To this end, parking areas and lot area not used for structures or access drives shall be improved with grass, shrubs, trees and other forms of landscaping, the location and species of which shall be specified on the site plan.

(5)

That a site plan shall be approved in accordance with applicable provisions of Article IX of this chapter.

(6)

That adequate off-street parking and loading are provided in accordance with Article X of this chapter or other requirements as may be set forth in § 410-41 below, and ingress and egress to parking and loading areas are so designed as to minimize the number of curb cuts and not unduly interfere with traffic or abutting streets.

(7)

That site development shall be such as to minimize erosion and shall not produce increased surface water runoff onto abutting properties.

(8)

That existing public streets and utilities servicing the project shall be determined to be adequate.

(9)

That significant existing vegetation shall be preserved to the extent practicable.

(10)

That adequate lighting of the site and parking areas is provided and that exterior lighting sources are designed and located so as to produce minimal glare on adjacent streets and properties.

(11)

That the land use conforms with all applicable regulations governing the zoning district where it is to be located, and with performance standards set forth in § 410-24 of this chapter, except as such regulations and performance standards may be modified by the Planning Commission or by the specific provisions of § 410-41 below. Notwithstanding the above, the Planning Commission shall not be authorized to modify the land use regulations of this chapter.

If the conditions thought to be necessary by the Planning Commission to accomplish the purpose of this Article VIII cannot be complied with by the applicant for Planning Commission Review and Approval, the application shall be denied.

[Amended 7-20-2009 by Ord. No. 09-023; 7-17-2013 by Ord. No. 13-49; 12-18-2019 by Ord. No. 19-157]

In addition to the requirements specified in §§ 410-29, 410-34, and 410-40 above and the provision of Article IX of this chapter, which are applicable to all requests for Planning Commission Review and Approval of a site plan and special use permit, the specific requirements for certain land uses as set forth in this section shall be complied with. Additional requirements are as follows:

Conversion or construction of congregate living facilities or dwelling unit with four bedrooms.

Standard for creating congregate living facilities or four bedrooms per dwelling in a multiple-unit dwelling. The conversion of existing buildings, or construction of new buildings, resulting in four or more bedrooms per dwelling unit can result in overcrowding and create adverse impacts to parking, open space and neighborhood character. These standards are intended to reduce the impact of these problems. Dwelling units and congregate living facilities that do not meet the standards established in this section are not permitted.

Minimum unit size. No unit conversion or construction shall be permitted in a dwelling or congregate living unit with less than 1,500 square feet of gross floor area.

Minimum lot area requirements. No dwelling or congregate living unit conversion or construction shall be permitted in a dwelling unit if the lot on which the dwelling is located does not comply with the bulk requirements of the applicable zoning district.

These standards shall apply to all dwelling units with four bedrooms in multiple-unit dwellings and to all congregate living units. Any residential unit with five to ten bedrooms shall be considered “congregate living” as defined in this chapter, except for a detached, single-unit dwelling with five bedrooms. Residential units with more than 10 bedrooms or sleeping units are not permitted.

§ 410-42 Telecommunications facilities and towers.

Notwithstanding anything herein to the contrary, the Supervisor of Building and Construction may waive the requirements for Planning Commission Review and Approval for the temporary use of dining room, den, or living room as a bedroom as may be medically necessary and prescribed by an attending physician.

[Amended 12-18-2019 by Ord. No. 19-157]

Intent. The City Binghamton recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often these facilities require the construction of a communications tower and/or similar facilities. The intent of this section is to regulate the location, construction and modification of the telecommunications facilities in accordance with the guidelines of the Telecommunications Act of 1996 and other applicable laws by:

Accommodating the need for telecommunications towers/antennas while regulating their locations and number in the community.

Minimizing adverse visual impacts of these tower/antennas through proper siting, design and screening.

Preserving and enhancing the positive aesthetic qualities of the natural environment and current development in the City of Binghamton.

COLLOCATED/EXISTING STRUCTURE ANTENNA

Providing for the health, safety and welfare of the community by avoiding potential damage or other negative impact to adjacent properties from power failure, failing ice, etc., through proper siting and engineering.

(5)

Requiring the joint use of towers when available and encouraging the placement of antennas on existing structures to minimize the number of such structures in the future.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Any antenna that is attached to an existing telecommunications tower.

NONCOLLOCATED/NEW STRUCTURE ANTENNA

An antenna that will not be mounted on an existing structure as defined above or that is located 15 feet higher than the existing structure on which it is mounted. Such is permitted in accordance with the requirements set forth in this section.

Approvals and bulk requirements. No telecommunications facility shall be sited, located, constructed, erected or modified without the issuance of a building permit, tower special use permit and a Series A site plan approval, and such other permits or approvals as are prescribed by this chapter.

Collocated/existing structure antennas. A collocated or existing structure antenna is permitted without a tower special use permit upon issuance of a approval from the Planning Commission and a building permit. The applicant shall also be responsible for all reasonable costs incurred by the City in reviewing and analyzing an application, including but not limited to any engineering or technical reports or studies submitted by the applicant relative to its application and any legal fees relative thereto. The Planning Commission Review and Approval and building permit application shall include the following:

A structural analysis/report, certified by a New York State licensed professional engineer or architect, verifying the ability of the structure to handle the antenna.

Certification by a qualified radio frequency engineer (signed and sealed by a licensed professional engineer or architect) that the cumulative emissions from all antennas proposed to be located at the proposed site meet federal guidelines.

The height of the new antenna shall extend no more than 15 feet above the height of the existing structure.

The antenna and any mounting structure and related equipment shall be integrated into said structure in such a manner as to minimize its visual impact to the greatest extent practicable.

Noncollocated/new structure antennas.

A noncollocated or new structure antenna is permitted with the issuance of a tower special use permit, an approval from the Planning Commission and a building permit. No application for a noncollocated or new structure antenna shall be considered complete unless and until the applicant shall have submitted a report that establishes to the satisfaction of the City of Binghamton Planning Commission the following:

That the applicant is required to provide service to locations which it is not able to serve through existing facilities which are located either within or outside of the City of Binghamton, showing the specific locations and/or areas the applicant is seeking to serve.

The report shall set forth an inventory of existing facilities and/or structures, within or outside of the City, which might be utilized or modified in order to provide coverage to the locations the applicant is seeking to serve and shall include a report on the possibilities and opportunities for collocation as an alternative to a new site. The applicant must demonstrate that the proposed facility cannot be accommodated on any such existing facility or structure either within or outside of the City of Binghamton due to one or more of the following reasons:

[a]

The proposed equipment would exceed the existing reasonably potential structural capacity of existing facilities or structures within or outside of the City, considering existing and planned use for those facilities or structures.

[b]

The existing or proposed equipment would cause interference with other existing or proposed equipment that could not reasonably be mitigated or prevented.

[c]

Said existing facilities or structures do not have space on which the proposed equipment can be placed so it can function effectively and reasonably, and/or the applicant has not been able, following good faith efforts, to reach an agreement with the owner(s) of such facilities or structures.

[d]

Other reasons which make it impractical to locate or place the proposed equipment on said facilities or structures.

Bulk requirements. In all zoning districts new or relocated towers and antennas shall be set back from all property lines a minimum distance equal to their height (measured from their base). The Planning Commission may require an additional setback area in the case of guy wires, taking into consideration the length of the guy wires and the location of ground anchors.

All applications for telecommunications facilities in all zoning districts shall comply with the requirements of the State Environmental Quality Review Act (SEQRA).[1]

Editor's Note: See Environmental Conservation Law Art. 8.

Application for tower special use permit.

Application required. All applicants shall make a written application for special use permit to the City of Binghamton Planning Commission, through the City of Binghamton Planning Department.

Said application shall include:

A completed tower special use permit application form. In addition to the requirements set forth herein, all applications shall be processed in accordance with the requirements of § 410-40 of this chapter generally applicable to special use permits. The application shall be accompanied by the payment of the tower special use permit application fee as set from time to time by City Council. In addition to the tower special use permit application fee, the applicant shall also be responsible for all reasonable costs incurred by the City in reviewing and analyzing an application, including but not limited to any engineering or technical reports or studies submitted by the applicant relative to its application and any related legal fees.

A special use permit application form, including long-form environmental assessment form (EAF). The application shall not be deemed complete unless accompanied by the propagation studies and search ring analysis described in Subsection D(2)(d) and (e) of this section.

A site plan, in the form and content acceptable to the City, prepared to scale and in sufficient detail and accuracy. In addition to the site plan requirements set forth in § 410-47, the site plan shall include:

The exact location of the proposed tower, together with guy wires and ground anchors, if applicable, and any accessory structures.

The maximum height of the proposed tower and antennas.

[3]

A detail of tower type (monopole, guyed, freestanding or other).

[4]

The color or colors of the tower.

[5]

The location, type and intensity of any lighting on the tower and antennas.

[6]

A survey, showing the boundary of the property and any easements, and a topographical map of the property with contour lines not exceeding two-foot intervals.

[7]

Proof of ownership of the land by the applicant or the landowner's consent if the applicant will not own the property. A copy of the final lease agreement, plus any amendments thereto, must also be provided if the applicant will not own the property.

[8]

The location of all current and proposed structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of these structures to the tower and antennas.

[9]

Identification of adjacent landowners.

[10]

The location, nature and extent of any proposed fencing and landscaping or screening. Existing on-site vegetation shall be preserved to the maximum extent possible.

[11]

The location and nature of proposed utility easements and access roads, if applicable. The applicant must demonstrate that all private access roads will be maintained in order to ensure access by emergency vehicles on a year-round basis.

[12]

Building elevations of accessory structures or immediately adjacent buildings.

[13]

A visual study showing where, within a two-mile radius, any portion of the proposed tower/antenna could be seen.

Before-and-after propagation studies prepared by a qualified radio frequency engineer (signed and sealed by a licensed professional engineer) demonstrating existing signal coverage resulting from the proposed telecommunications facility.

Search ring analysis.

A search ring analysis prepared by a qualified radio frequency engineer (signed and sealed by a licensed professional engineer) and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target cell.

The applicant must be prepared to explain to the City of Binghamton Planning Commission how and why it selected the proposed site, discuss the availability (or lack of availability) of a suitable structure, within the search ring, which would have allowed for collocated antenna(s), and to what extent the applicant explored locating the proposed tower and antennas in a more desirable use district. Proof of correspondence with other telecommunications companies concerning collocation shall be part of this requirement.

The City of Binghamton Planning Commission, upon reviewing the application, may request reasonable additional visual, aesthetic and site information, as it deems appropriate on a case-by-case basis. Such additional information may include, among other things, visual impact statements, enhanced landscaping plans, line-of-sight drawings and/or visual simulations from viewpoints selected by the City staff.

For sites in close proximity to significant historical sites or important preservation/conservation areas, the City will request additional site plans and tower special use permit requirements. These requirements can include specially designed towers, additional screening, greater setbacks and improved landscaping. Siting in these areas should be avoided to the maximum extent possible.

Telecommunications facility permit standards.

The following criteria will be considered by the City prior to the approval/denial of a request for a tower special use permit. The criteria listed may be used as a basis to impose reasonable conditions on the applicant. Tower special use permits are not assignable and are not transferable, except upon approval of the Planning Commission.

The City may express a preference for an alternative site(s) and/or that the proposed telecommunications facility be located in a higher-intensity-use district or on higher-intensity-use property, provided that there is a technologically feasible and available location. A guideline for the City's preference, from most desirable to least desirable zoning district/property, is as follows:

Property with an existing structure suitable for collocation.

Municipal or government-owned property.

Industrial, Heavy (I-3), Industrial, Light/Medium (I-2), Urban Business Park (I-1), Downtown Business (C-2), Service Commercial (C-1), Neighborhood Commercial (C-4), Medical (C-3), Neighborhood Office (C-5), and Limited Neighborhood Commercial (C-6).

Residential Multi-Unit Dwelling (R-3), Residential One- and Two-Unit Dwelling (R-2), and Residential One & Two Family.

Sites which are in close proximity to significant historic sites and/or important preservation/conservation areas.

Any request by the City for information or technical analysis on a preferred alternate site shall be provided by the applicant at its sole cost and shall not unreasonably delay the application.

Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent that is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the City of Binghamton Planning Commission may impose reasonable conditions on the applicant, including, but not limited to, the following:

Tower height, including antennas, and design are matters of primary public concern. The Board may require a monopole or guyed tower (if sufficient land is available to the applicant) instead of a freestanding tower. Monopoles are a preferred design. The Board may impose reasonable restrictions and/or conditions on height. For example, the Board may reasonably determine that adverse impact upon the community will be best mitigated by requiring the applicant to construct multiple towers of lower height at several different locations to meet the applicant's demonstrated service coverage requirement(s) or that the tower height be reduced in the future if the applicant is unable to demonstrate a continuing need for the approval height in light of changes in the applicant's service coverage needs or technological advances.

The Board may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and antennas and/or to screen the tower and any accessory structure or buildings to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.

The Board may require the applicant to show that it has made good-faith efforts to collocate on existing towers or other available and appropriate structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. However, such request shall not unreasonably delay the application.

The Board may require the tower and any antenna to be camouflaged; for example the Board may reasonably require the tower and antenna to appear to be a flagpole or tree.

The type of finish, color and lighting shall be subject to City and/or Federal Aviation Administration (FAA) approval. The City may require lights to be shielded to minimize ground visual impact.

(f)

No tower shall contain any signs or advertising devices. Notwithstanding the foregoing, the Board may require appropriate signage indicating ownership of the facility and phone numbers to call in case of emergency.

(g)

The applicant must submit a copy of its policy regarding collocation on the proposed tower with other potential future applicants. Such policy should allow collocation under the following conditions:

The new antenna(s) and equipment do not exceed structural loading requirements, interfere with City space used or to be used by the applicant or pose any technical or radio frequency interference with existing equipment.

The party desiring to collocate pays the applicant an appropriate and reasonable sum to collocate.

[3]

The party desiring to collocate has a similar policy of collocation for the applicant.

(h)

All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the site unless otherwise permitted in the zoning district in which the facility is located.

(5)

Radio frequency; inspections.

The City of Binghamton Planning Commission shall impose a condition on the applicant that the communications antenna will be operated only at Federal Communication Commission (FCC) designated frequencies and power levels and/or Environmental Protection Agency (EPA) technical exposure limits and may periodically require that the applicant provide competent documentation to support that maximum allowable frequencies, power levels and exposure limits for radiation will not be exceeded.

Unless otherwise preempted by federal or state law, the telecommunications facility shall be inspected every two years, at the applicant's expense, for radio emissions, and a copy of the report shall be promptly delivered to the Building Inspector. A licensed professional engineer specializing in electrical engineering with expertise in radio communications facilities shall perform radio emission inspections. The radio emission inspection shall describe the power density levels of the electromagnetic energy generated from the facility, including the cumulative effects of collocated antennas. In the event that the radio emission inspection indicates that the electromagnetic energy generated from the facility is above the allowable limits stated with applicable FCC or ANSI standards or other applicable federal or state guidelines in effect at the time of inspection, the applicant shall cease all use of the facility until such time as it proves, to the satisfaction of the Building Inspector or pertinent City consultant, that the power density levels of the electromagnetic energy to be generated at the facility are below the applicable standards.

(6)

Traffic, access, and safety.

A road turnaround and one parking space shall be provided to assure adequate year-round emergency and service access. Maximum use of existing roads, public or private, shall be made. The use of public roadways or road rights-of-way for the siting of a tower or antenna(s) accessory structures is prohibited.

All towers and ground anchors, if applicable, shall be enclosed by a fence not less than eight feet in height and otherwise sufficiently protected from trespassing or vandalism.

The applicant must comply with all applicable state and federal regulations, including, but not limited to, FAA and FCC regulations, and from time to time may be required to provide certification of such compliance.

All towers and antennas shall include anti-climbing devices for a minimum of 25 feet extending above ground level.

(7)

Removal of tower.

The applicant shall agree to remove the tower and antenna if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The City of Binghamton Planning Commission shall require the applicant to provide an appropriate and adequate demolition bond for the purpose of removing the telecommunications facility and restoration of the land in case the applicant fails to do so as required above.

The sufficiency of the demolition bond shall be confirmed at least every five years by analysis and report of the cost of removal and property restoration, which is to be performed by a New York State licensed professional engineer, the cost of same to be borne by the applicant. If the analysis and report determine that the amount of the bond in force is insufficient to cover the removal, disposal and restoration costs, the bond shall be increased to the amount necessary to cover such costs within 10 days of the applicant's receipt of such report.

(8)

Structural safety.

During the application process and after construction of the tower, the applicant shall provide a certification from a qualified New York State licensed professional engineer, certifying that the tower and antennas meet applicable New York State and ANSI structural safety standards.

Unless otherwise preempted by federal or state law, the telecommunications facility shall be inspected every two years, at the applicant's expense, for structural integrity. A copy of the report shall be promptly delivered to the Building Inspector. A New York State licensed professional engineer specializing in structural engineering shall perform the structural inspection. The structural inspection report shall describe the structural integrity of the facility, maintenance issues and repairs needed or made, if any. In the event that the structural inspection indicates structural deficiencies, then the deficiencies must be remedied within the time reasonably set by the Building Inspector. Upon the applicant's failure to do so, the permit may be revoked.

(9)

Maintenance of telecommunications facility. All telecommunications facilities shall be maintained in good order and repair. The City may require that reasonable records of such maintenance be kept and available for City review upon request.

Exceptions.

Exceptions are as follows:

Antennas and satellite antennas used solely for residential household television and radio reception are exempt from review, provided they are not located in the front yard or on the front façade of any building.

Antennas with no dimension greater than two meters and located in commercial and industrial districts and antennas with no dimension greater than one meter regardless of location require Administrative Planning Review and Approval.

Towers and antennas may be repaired and maintained without restriction.

Procedure.

In the event of any conflicts or inconsistencies between this section and any other local law, including any other provision of this chapter, this section is meant to control for telecommunications towers and similar facilities in the City unless otherwise specifically referenced in this section.